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2016 (9) TMI 1350 - HC - CustomsExport of black pepper oleoresins and black pepper oil manufactured out of the imported pepper - As per the conditions stipulated under the Authorization, the petitioner was under obligation to export black pepper oleoresins and black pepper oil manufactured out of the imported pepper within a period of four months from the date of such import - the petitioner sought for relaxation of time for export - whether the Committee has considered the claim for relaxation in a proper perspective or not? - Held that: - It is apparent from the facts on record that when the Committee had with due application of mind extended the period by four months for complying with the Export Obligation, I do not think that this Court should sit in judgment over the said opinion expressed by the Committee unless there is any patent illegality or perversity in the said direction - The Committee was sure about two facts. One is that there is a specific reason for limiting the period to comply with the Export Obligation and the time can be extended if there is genuine hardship being caused. Merely for the reason that the buyer had delayed the shipment cannot be a genuine reason at all - It is not in dispute that if there is non-compliance of Export Obligation, the DGFT has the power to place the petitioner and its Directors under th`e DEL order. Since the said orders had been passed during the pendency of WP (C) Nos. 5752/2016 and 5728/2016, I am of the view that an opportunity should be granted to the petitioner to show cause to avoid the DEL order dated 26-5-2016. The petitioner shall file objection to the show cause notice issued against them within 4 weeks and the matter shall be heard afresh by the competent authority after giving an opportunity to the petitioner - matter on remand.
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